State Supreme Court to hear case involving gun in Armin Jahr shooting

OLYMPIA - The Washington State Supreme Court will decide whether Kitsap County prosecutors can proceed with assault charges against an Allyn man whose gun was used in last year's accidental shooting at Armin Jahr Elementary School.

County prosecutors charged Douglas Bauer with negligent assault after his gun — which had been taken from his house by his girlfriend's son — went off in the boy's backpack and critically injured then 8-year-old Amina Kocer-Bowman on Feb. 22, 2012.

Prosecutors argued Amina would have never been injured if the boy had not had "unfettered access" to guns at Bauer's home.

Bauer's attorney, Wayne Fricke, has continually asked that the case be thrown out on the grounds that Bauer did not assault the girl.

Prosecutors charged Bauer under the criminal negligence portion of the assault statute. If convicted of the felony, he could face up to five years in prison and be barred from owning firearms.

An Appeals Court panel voted 2-1 in March to allow the case to proceed to trial; Fricke appealed the case to the state's Supreme Court.

Fricke said Tuesday the state's highest court had accepted review of the case. Oral arguments will take place at a later date.

While disappointed with the appellate court's ruling, Fricke said he hopes he'll prevail before the high court this time around.

"I still feel confident," he said.

Deputy prosecutor Jeremy Morris, who is handling the case for Kitsap County, couldn't be reached for comment.

The boy told Bremerton police detectives he had taken a .45 caliber H&K pistol from Bauer's home because he felt threatened by classmates. Investigators found other guns left unsecured around the home.

The boy's mother, Jamie Chaffin, pleaded guilty to weapons charges in the case. Because she had a previous felony conviction, she wasn't allowed to be around the guns in Bauer's home. She'll be sentenced to between 12 and 16 months in prison and must testify against Bauer under terms of a plea agreement.

The boy pleaded guilty to reckless endangerment and was sentenced to counseling and community service. He also wrote a letter of apology to Amina.

In an unrelated civil case, Kocer-Bowman's family filed a lawsuit last year against Bauer, the family of the boy who brought the gun to school, and Bremerton School District, alleging district officials knew the boy posed a safety risk but failed to take action. The district denies the charge.